Kerala High Court
Biju vs State Of Kerala on 7 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
Friday, the 7th day of June 2024 / 17th Jyaishta, 1946
CRL.M.APPL.NO.3/2023 IN CRL.A NO. 1212 OF 2022
SC 775/2012 OF FAST TRACK SPECIAL COURT[POCSO]NEYYATTINKARA, THIRUVANANTHAPURAM
PETITIONER/APPELLANT/ACCUSED:
BIJU AGED 52 YEARS NEAR THETTIVILA HOSPITAL, PERINGAMALA, KALLIYOOR
DESOM, KALLIYOR VILLAGE THIRUVANATHAPURAM,PIN - 695042. (* AGE
CORRECTED AS 34 INSTEAD OF 52 AS PER ORDER DATED 16.11.2023 IN
CRL.M.A.NO.1/2023 IN CRL. APPEAL 1212/2022)
RESPONDENT/COMPLAINANT:
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
Application praying that in the circumstances stated therein the
High Court be pleased to suspend the execution of sentence in the
judgement dated 04.11.2022 in SC No.775/2012 on the file of the Fast Track
Special judge[POCSO]Neyyanttinkara in Crime No.343/2011 of Nemom Police
Station and release the petitioner/appellant on interim bail for 15 days
otherwise irreparable injury and hardship will be caused to the
petitioner/Appellant.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of M.R.SARIN, M.R.SASITH, AJI S.,
MAHALEKSHMY P.S, R.K.CHIRUTHA, SNEHA JOY, M.S THOMAS, LEKSHMI S.R,
HANANABDULLATHEEF, Advocates for the petitioner and PUBLIC PROSECUTOR for
the respondent, the court passed the following:
P.G. AJITHKUMAR, J.
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Crl.M.A.No.3 of 2023
in
Crl.Appeal No.1212 of 2022
-----------------------------------------------------------
Dated this the 7h day of March, 2024
ORDER
This is a petition filed by the appellant seeking
suspension of execution of sentence under Section 389(1) of
the Code of Criminal Procedure, 1973 (Code).
2. The petitioner was convicted for the offences
punishable under Sections 366 and 376 of the Indian Penal
Code, 1860 (IPC). He was sentenced to undergo rigorous
imprisonment for a period of 10 years and to pay fine under
Section 376 of the IPC. He was also sentenced to undergo
rigorous imprisonment for a period of 5 years and to pay fine
under Section 366 of the IPC.
3. Heard the learned counsel for the petitioner and
the learned Public Prosecutor.
4. Having heard the submissions at the Bar and
perused the judgment, I find that the conviction is based on
sufficient evidence. The incident occurred on 08.03.2011.
Crl.M.A.No.3 of 2023 in
There occurred a long delay in concluding the trial. The
petitioner was convicted and sentenced on 04.11.2022. He
had been in jail since the said date. Whileso, on 06.11.2023
this court granted him interim bail for a period of ten days,
subject to a few conditions. The prosecution has no allegation
that the petitioner has violated any of the conditions. It is
seen that the victim is married and living with her husband.
That fact is confirmed by the learned Public Prosecutor. The
petitioner remained on bail during the period of trial without
giving room for any complaint of disobedience of the
conditions. It is unlikely that this appeal is heard and decided
within a reasonable period.
5. Taking into account the aforementioned facts and
circumstances, I am of the view that the execution of the
sentence can be suspended subject to strict conditions.
Accordingly, this petition is allowed and the petitioner is
granted bail on his executing a bond for Rs.1,00,000/-
(Rupees one lakh only), with two solvent sureties for the
like amount each, to the satisfaction of the trial court,
Crl.M.A.No.3 of 2023 in
subject to the following conditions:
i) He shall deposit entire fine amount in the trial court
within two months;
ii) He shall not enter the local limits of the Police Station
where the victim resides, till the final disposal of this
appeal;
iii) During the bail period, he shall not get involved in any
offence; and
iv) He shall not contact or try to intimidate the victim or
witnesses examined in the case.
In case of breach of any of the above conditions, the
prosecution shall be at liberty to apply before this Court for
cancellation of the suspension of sentence.
Sd/-
P.G. AJITHKUMAR, JUDGE
dkr
07-06-2024 /True Copy/ Assistant Registrar
